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To: antiRepublicrat; tutstar
AN ACT

For the relief of the parents of Theresa Marie Schiavo.

* * *
The United States District Court for the Middle District of Florida SHALL have jurisdiction to hear, determine, and render judgment on a suit or claim by or on behalf of Theresa Marie Schiavo for the alleged violation of any right of Theresa Marie Schiavo under the Constitution or laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.

* * *

In such a suit, the District Court SHALL determine de novo any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act, notwithstanding any prior State court determination and regardless of whether such a claim has previously been raised, considered, or decided in State court proceedings. The District Court SHALL entertain and determine the suit without any delay or abstention in favor of State court proceedings, and regardless of whether remedies available in the State courts have been exhausted.


154 posted on 04/04/2005 1:03:17 PM PDT by nicmarlo
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To: nicmarlo

That was the key nic - de novo. These Judges completely REFUSED to look at the case from the beginning, DISREGARDING the trial court Judges rulings. In other words, they should have been hearing a NEW case. The one, that Greer wouldn't listen to and couldn't READ!!


164 posted on 04/04/2005 1:25:50 PM PDT by Canadian Outrage (All us Western Canuks belong South !)
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To: nicmarlo
So you've found it. Good. Now let's read it.

The United States District Court for the Middle District of Florida SHALL have jurisdiction

This establishes the judge can hear it, and he did.

the District Court SHALL determine de novo any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act

Notice that this DOES NOT direct the federal judge to try the entire case from the beginning, just rule on claims of rights violations without considering prior judgements on whether there were any rights violations. The Schindlers brought IIRC four claims of rights violations, all of which were reviewed de novo, all of which were rejected.

The District Court SHALL entertain and determine the suit without any delay or abstention in favor of State court proceedings,

And the judge did, likely stayed up all night doing it.

So, where did the federal judge violate anything?

185 posted on 04/04/2005 1:55:02 PM PDT by antiRepublicrat
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